HomeMy WebLinkAboutOrdinance 4675 PF
ORDINANCE NO, 4 6 7 5
AN ORDINANCE APPROVING VAC 04- 1136 TO VACATE
AND ABANDON A PORTION OF RIGHT OF WAY FOR
WILLIAM STREET, BUCHANAN AVENUE AND TWO FIFTEEN
FOOT ALLEYS LOCATED BETWEEN WILLIAM STREET AND
DICKSON STREET AS DESCRIBED ON THE ATTACHED MAP
AND LEGAL DESCRIPTION; ALSO, ACCEPTING THE
DEDICATION OF EASEMENTS FOR SOUTHWESTERN BELL,
THE CITY OF FAYETTEVILLE, AND THE PUBLIC IN
GENERAL, DESCRIBED IN THE ATTACHED EASEMENT
DOCUMENTS LABELED AS EXHIBITS HERETO
WHEREAS, the City Council has the authority under A.C.A. §14-54- 104 to vacate public
grounds or portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described streets and alleys are
not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described streets
and alleys:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County
and recorded in the Deed Records of the County.
Section 3 : That the City of Fayetteville hereby accepts the dedication of the easements
described in the easement documents attached hereto and labeled Exhibits "C" through "F".
PASSED iMd APPROVED this 15`h day of February, 2005 .
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��FK/TRjs,,P� APPROV
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;,
; FAYETTEVILLE ' '- By:
DAN COODY, Mayor
9J •9,QkANSP� J�
ATTEST, /� @@ * @
GTO
By. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllll
SOMA& SMITH, City Clerk Doc ID : 009017460011 Tvoe : REL
Recorded : 08/23/2005 at 11 : 28 : 59 AM
Fee Amt : $41 . 00 Pane 1 of 31
Mashlnoton County . AR
Bette Stemoa Circuit Clerk
F14005-00037061
i •
EXHIBIT "A"
SIX HUNDRED THIRTY SEVEN FEET OF WILLIAM STREET BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : ALL OF WILLIAMS STREET LYING EAST
OF BUCHANAN AVENUE AND WEST OF DUNCAN AVENUE, SUBJECT TO ITS
RESERVATION AS A UTILITY EASEMENT.
ALSO:
EIGHT HUNDRED TWENTY THREE FEET OF BUCHANAN AVENUE MORE
PARTICULARLY DESCRIBED AS FOLLOWS : ALL OF BUCHANAN AVENUE LYING
SOUTH OF DICKSON STREET AND NORTH OF FAIRVIEW STREET.
ALSO:
ALL OF A 15 ' ALLEY LYING EAST OF LOT 1 AND LOT 12 OF SHREVE' S ADDITION TO
THE CITY OF FAYETTEVILLE, AS RECORDED IN THE RECORDS OF THE CIRCUIT
CLERK OF WASHINGTON COUNTY, ARKANSAS, SUBJECT TO ITS RESERVATION AS
A UTILITY EASEMENT TO ARKANSAS WESTERN GAS CORPORATION.
ALSO:
ALL OF A 15 ' ALLEY LYING SOUTH OF LOTS 15 2, 31415&6 OF SHREVE'S ADDITION TO
THE CITY OF FAYETTEVILE, AS RECORDED IN THE RECORDS OF THE CIRCUIT
CLERK OF WASHINGTON COUNTY, ARKANSAS, SUBJECT TO THE RESERVATION OF
THE AREA OF ALLEY WAY SOUTH OF LOTS 1 & 2 AS A UTILITY EASEMENT TO
ARKANSAS WESTERN GAS CORPORATION.
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University of Arkansas, Fayetteville
SBC Easement
Dickson to Fairview Streets
SOUTHWESTERN BELL COMPANY UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter styled GRANTOR, for and in
consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, do hereby, SELL and CONVEY unto the Southwestern Bell Company, hereinafter called
GRANTEE, and unto Grantee's successors and assigns, an easement to construct, lay, remove, relay, inspect,
enlarge and/or operate a utility line or lines, manholes, and appurtenances thereto, on, over, across, and under the
following described land situated in the County of Washington, State of Arkansas, to-wit:
PROPERTY DESCRIPTION:
A part of Shreve's Addition and Block 3 of J.H. Mcllroy's University Subdivision to the City of Fayetteville as
described in Deed Records 335-332, 2003-53825, 761-44, 1200-484, 688-163, 728-114, 728-440 and 729-124 of
the Records of the Circuit Clerk, Washington County, Arkansas.
EASEMENT DESCRIPTION:
An easement 20 feet of equal and uniform width. The centerline of said easement beginning at a point on the
South Right-of-Way line of Dickson Street and 3.7 feet Westerly of the Northwest comer of Lot 6 of said Shreve's
Addition, thence South 2050' West along an existing overhead electrical utility line a distance of 823 feet, more or
less, to a point on the North Right of Way line of Fairview Street, said point being 7.6 feet Westerly of the
Southwest corner of Lot 1 in Block 3 of said J .H. Mcllroys University Subdivision. This easement contains 0.38
acres, more or less. Said easement shall remain in effect until such time as an alternative routing for Grantee's
utility line is determined and executed, together with removal of existing overhead electrical utility line, thereby
ensuring continued service to Grantee's existing customers located along Fairview Street and Buchanan Avenue
who are serviced via said utility line, whereupon this utility easement shall become null and void.
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real
estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to
the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with
cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands
where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences
from the construction, maintenance and operation as determined by three disinterested persons; one thereof to be
appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the
written award of such three persons shall be final and conclusive.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantor agrees not to erect any buildings or structures in said easement other than fences and said
fences shall not exceed six (6) feet in height.
jdn;lb� k `� G1 t pmJe t of Z
University of Arkansas, Fayetteville
SBC Easement
Dickson to Fairview Streets
Page 2 of 2
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective
heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed-
WITNESS the execution hereof on this the il \ k-t-\ day of June, 2004.
Board of Trustees of the University of Arkansas
Approved by Resolution adopted by the Board of Trustees of the University of Arkansas on the 4'" day of June,
2004.
By. lJ
Gary Geage, Chairman
Attest:
Jan ogers, Secreta
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and Stale, personally appeared G 1 C io r c1� - and
-�
to me well known, who stated that they are the and S
of the Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and behalf of said institution, and further stated and
acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 12004. !\\
Notary Public
MY COMMISSION EXPIRES: FNotary
OFFICIAL SEAL"
or. �, GWEN WARD
Public, State or Arkansas
County of Pulaski
nuni%:lino .Fan. (1?/Tg!).1lltft
CvX � I 1.71 ,, ljtl �� Z Of 2
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University of Arkansas
General Utility 8 Access Easement
r Dickson to Fairview Streets
GENERAL UTILITY & ACCESS EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter styled GRANTOR, for and in
consideration of the sum of One Dollar ($ 1 ,00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, all public utility companies, hereinafter called GRANTEE, and unto Grantee's successors and assigns,
the right of ingress and egress for vehicular and pedestrian traffic written as a permanent access easement over, along
and across the following described land, as well as a permanent general utility easement to construct, lay, remove,
relay, inspect, enlarge and/or operate a utility line or lines, manholes, and appurtenances thereto, on, over, across,
and under the following described land situated in the County of Washington, State of Arkansas, to-wit:
PROPERTY DESCRIPTION:
A part of the Shreve's Addition and Block 3 of J.H. Mcllroy's University Subdivision to the City of Fayetteville,
Arkansas, as described in Deed Records 335-332, 2003-53825, 761 -44. 1200-484, 688-163, 1007-630, 709-223
and 708-404 of the Records of the Circuit Clerk, Washington County, Arkansas.
PERMANENT EASEMENT DESCRIPTION:
A permanent access and general utility easement 40 feel in equal and uniform width, the centerline of said
easement beginning at a point on the South right of way line of Dickson Street as of the date hereof, and 18.07
feet Westerly of the Northwest corner of Lot 6 of said Shreve's Addition; thence South 02° 47' 13" West - 174.66
feet to the start of a curve; thence Southwesterly along a curve concave to the Northeast a distance of 175.07
feet, said curve having a radius of 350.00 feet and the chord bears South 110 32' 35" East - 173.25 feet; thence
South 250 52' 23" East - 115.82 feet to the start of a curve; thence Southeasterly along a curve concave to the
Northeast a distance of 148.30 feet, said curve having a radius of 700.00 feet and the chord of said curve bears
South 310 56' 32" East - 148.02 feet; thence South 38° 00' 40" East - 168.47 feet to the start of a curve; thence
Southeasterly along a curve concave to the Southwest a distance of 69.70 feet, said centerline there terminating
at a point 31 .53 feet Westerly of the Northwest corner of Lot 10 of block 3 in I. W. Duncan's Addition to the City of
Fayetteville, said easement containing 0.78 acres, more or less. The sidelines of said easement are to be
prolonged or shortened to terminate at the South right of way line of Dickson Street and the North line of Lot 10 of
I.W. Duncan's Addition if extended in a Westerly direction,
together with the rights , easements, and privileges in or to said lands which may be required for the full enjoyment of
the rights herein granted .
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real
estate first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to
the said Grantee.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantor agrees not to erect any buildings or structures in said permanent access and utility easement.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any
time in the future and agrees to pay any damages as a result of such future construction as set out in this access and
utility easement.
University of Arkansas
General Utility & Access Easement
t Dickson to Fairview Streets
Page 2 of 2
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction
of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the
respective heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
I-� rt
WITNESS the execution hereof on this the I day of K tY U(: 1'U 2005.
Board of Trustees of the University of Arkansas
By. • 626
(Name & Title) V; (X. Lae,4_
Attest:
��
(Nar vtA Title) /
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED , that on this date, before the undersigned, a duly commissioned and acting Notary
Public within and for said County and State, personally appeared C1. C . rertc r ' nn and
tome well known, who stated that they are thevl(-e 0-1611rp ( ILr and Pra2c +I Procr-r: ,-
(�tftY of the University of Arkansas, and are duly authorized in their respective capacities to exec�e foregoing
instrument for and in the name and behalf of said corporation , and further stated and acknowledged that they had so
signed , executed and delivered said instrument for the consideration , uses and purposes therein mentioned and set
forth.
TM
WITNESS my hand and seal on this day of 2005.
r
Not ry Public
MY COMMISSION EXPIRES : ELLEN FERGUSON
Notary Public
r Washington County, Arkertm
w w
University of Arkansas, Fayetteville
Utility Easement
Dickson to Fairview Streets
WATER LINE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter styled GRANTOR, for and in
consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, an easement to construct, lay,
remove, relay, inspect, enlarge and/or operate a utility line or lines, manholes, and appurtenances thereto, on, over,
across, and under the following described land situated in the County of Washington, State of Arkansas, to-wit:
PROPERTY DESCRIPTION :
A part of the Shreve's Addition and Block 3 of J.H. McllroyIs University Subdivision to the City of Fayetteville,
Arkansas, as described in Deed Records 335-332. 2003-53825, 761-44, 1200-484, 688-163, 1007-630, 709-223 and
708-404 of the Records of the Circuit Clerk, Washington County, Arkansas.
EASEMENT DESCRIPTION:
A water line easement 20 feet of equal and uniform width. The centerline of said easement being the centerline of
an existing six (6) inch waterline as constructed within the existing Right of Way of Buchanan Avenue between
Fairview Street and Dickson Street. This easement shall begin at the North Right of Way line of Fairview Street and
extend North 823 feet, more or less, to the South Right of Way line of Backus Street. This easement contains 16,460
sq. ft. (0.38 acres), more or less. Said easement shall remain in effect until such time as Grantee's utility line is
rerouted and placed in service whereupon said waterline shall be taken out of service and abandoned and this utility
easement shall become null and void. Such action will ensure continued service to Grantee's existing customers
located along Buchanan Avenue who are serviced via said utility line.
together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines,
manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate
first hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the
said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with
cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where
they shall be at a height above high water, and to pay any damages which may arise to growing crops Or fences from
the construction, maintenance and operation as determined by three disinterested persons; one thereof to be appointed
by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award
of such three persons shall be final and conclusive.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantor agrees not to erect any buildings or structures in said easement other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any
time in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
E.yti; bit " Ell poge ( 04 2
University of Arkansas, Fayetteville
Utility Easement
Dickson to Fairview Streets
Page 2 of 2
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction
of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the
respective heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the 1 1 " -- day of June, 2004.
Board of Trustees of the University of Arkansas
2004. Approved by Resolution adopted by the Board of Trustees of the University of Arkansas on the 4th day of June,
By:
Gary GeoK6, Chairman
Attest:
Jane ogers, Secretary
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared G o ems. ,�a and .A Zcj.�Vj
to me well known, who stated that they are the Cand Sc �� � k of he
Board of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said institution, and further stated and acknowledged that they
had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and
set forth.
WITNESS my hand and seal on this day of 2004.
j4 �j w c\
Notary Public
MY COMMISSION EXPIRES: "OFFICIAL SEAL"
GWEN WARD
rMy
otary Public, State of Arkansas
Cauoty of Pulaski
Commission Exp. 03/19.200R
University of Arkansas, Fayetteville
Utility Easement
Dickson to Fairview Streets
WATER LINE EASEMENT
BE IT KNOWN BY THESE PRESENTS:
THAT the Board of Trustees of the University of Arkansas, hereinafter styled GRANTOR, for and in
consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTEE, and unto Grantee's successors and assigns, an easement to construct, lay, remove, relay,
inspect, enlarge and/or operate a utility line or lines, manholes, and appurtenances thereto, on, over, across, and under the
following described land situated in the County of Washington, State of Arkansas, to-wit:
PROPERTY DESCRIPTION :
A part of the Shreve's Addition and Block 3 of J.H. Mcllroy's University Subdivision to the City of Fayetteville, Arkansas,
as described in Deed Records 335-332, 2003-53825, 761-44, 1200-484, 688-163, 1007-630, 709-223 and 708-404 of
the Records of the Circuit Clerk, Washington County, Arkansas.
EASEMENT DESCRIPTION:
A water line easement 20 feet of equal and uniform width. The centerline of said easement being the cenleriine of an
existing two (2) inch waterline as constructed within the existing Right of Way of Buchanan Avenue between Fairview
Street and Dickson Street. This easement shall begin at the North Right of Way line of Fairview Street and extend North
280 feet, more or less, to the end of said existing two (2) inch water line. This easement contains 5,600 sq. ft. (0.13
acres), more or less. Said easement shall remain in effect until such time as Grantee's utility line is taken out of service
and abandoned whereupon this utility easement shall become null and void, thereby ensuring continued service to
Grantee's existing customers located along Buchanan Avenue who are serviced via said utility line.
together with the rights, easements, and privileges in or to said lands, which may be required for the full enjoyment of the
rights herein granted.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes
and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first
hereinabove described for the uses and purposes hereinabove set forth.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of
soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be
at a height above high water, and to pay any damages which may arise to growing crops Or fences from the construction,
maintenance and operation as determined by three disinterested persons; one thereof to be appointed by the said Grantor;
one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons
shall be final and conclusive.
It is expressly understood that the above easement shall exclude any permanent structure located within said
easement area at the time of the execution of this document.
The Grantor agrees not to erect any buildings or structures in said easement other than fences and said fences shall not
exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any
time in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
ENO\ } " r l f rxt9e l z
University of Arkansas, Fayetteville
Utility Easement
Dickson to Fairview Streets
Page 2 of 2
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every
right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective
heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the parry securing this document in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
WITNESS the execution hereof on this the k\ a-1-.- day of June, 2004.
Board of Trustees of the University of Arkansas
Approved by Resolution adopted by the Board of Trustees of the University of Arkansas on the 41" day of June, 2004.
By: ZV
LLwy .or,��.�
Gary Gqgrge, Chairman
Attest:
Jane gers, Secretary
ACKNOWLEDGMENT
STATE OF ARKANSAS )
Ss.
COUNTY OF PULASKI )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared C c .- CT e",_ ri and �3 �+>,tl. Rr, k,'y s
to me well known, who stated that they are the and Se�. �t� of the Board
of Trustees of the University of Arkansas, and are duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said institution, and further stated and acknowledged that they had so signed,
executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this \A-, day of -1 2004.
Notary Public
MY COMMISSION EXPIRES:
F
FICIAL SE AvL"
WEN WARD
ublic, Slate of Arkansas
ounty of Pulaski
Washington County, AR
I certify this instrument was filed on
0812312005 11 :28:59 AM
and recorded in Real Estate
File Number 2005-00037081
Bet - Circuit Clerk
by